Dividing War Spoils: Israel's Robbery of Palestinian Property.

By Dr. Salman Abu Sitta

While the news headlines were occupied with the freeze or suspension of Jewish settlements in the Occupied Palestinian Territories or with the competition for positions in the sixth Fateh conference in Bethlehem, Israel is putting into effect the most devastating operation since the ethnic cleansing of Palestine in al Nakba of 1948. This new operation aims to eliminate irrevocably Palestinian rights and historical roots in Palestine.

Ironically, Arab and Palestinian leaderships remain oblivious to these cataclysmic developments. In particular, the Palestinian leadership, whose main duty is to defend Palestinian rights, is bogged down with the assignment of internal political posts and fighting what it sees as its primary enemy, Hamas.

The Zionist leadership in Israel felt bold enough to transform the ideological slogan of 'Jewish Israel' into a reality on the ground. The Knesset, the Israel Parliament, passed a law on August 3rd, 2009, after its second and third readings, which allowed the sale of "Absentees" Palestinian refugees' land to Jewish individuals and Jewish institutions exclusively anywhere in the world. Thus, the legal right of the original Palestinian owner to his land would be severed through creating a barrier between the owner and his property. The passing of the new law represents an audacious initiative by the current Israeli government that no previous Israeli government dared contemplate or venture into.

It will be recalled that the State of Israel was founded on the land it occupied in Palestine in 1948/49. The conquered area is 20,255 sq. km which represents 78% of the Mandatory Palestine. The land Israel occupied was delineated by the armistice line defined in the Armistice Agreements signed with four Arab countries in 1949.

At the time, Israel contrived all kinds of intricate legal frameworks to make use of the absentee Palestinian refugees' land short of outright legal ownership of the land out of fear of international condemnation and accountability before international courts.

With the exception of 1,429,000 donums (one donum=1000 sq. meters or 24.7 acres) of Jewish land according to the British Mandate records, representing a mere 7% of Israel's area, the remainder of the land, amounting to 18, 826,000 donums, or 93% of Israel, is Palestinian land. This Palestinian ownership includes private and public land, land for common use or usufruct and natural resources in, above or below ground.

Israel reverted, after 1948, to premeditated acts of systematic destruction of Palestinian villages to the ground; burning of agricultural crops; and the poisoning of water wells; all with the intention that such acts would deter the Palestinian refugees from returning home.

On the political front, and following the first month after the expulsion of the Palestinian refugees in 1948, Israel declared that it would not allow the return of any Palestinian refugee back to his home on the pretext that refugees return would pose a security threat to Israel. However, for the Israelis, the remaining question was how to make use of the conquered vast Palestinian land and valuable Palestinian property in 14 different cities without invoking international condemnation that could lead to the return of the Palestinian refugees and the reclaiming of their land and properties?

David Ben Gurion, Prime minister of Israel at the time, fearing that UN mediator Count Folke Bernadotte would make recommendations, in the report he was preparing for the UN General Assembly, for the return of the Palestinian refugees to their homes, resorted to a trick; he engineered a fictitious sale agreement with the Jewish National Fund, a tax-exempt world organization, of 2.5 million donums of the most fertile and best absentee Palestinian land situated along the delineated Armistice Line. This way, Ben Gurion would be able to claim that the absentees' Palestinian land was no longer in the possession of the state of Israel and that Israel cannot be obliged to return it to the Palestinian refugees, the rightful owners of the land.

Count Bernadotte was assassinated by an Israeli zealot, and as Ben Gurion had predicted, the UN passed Resolution 194 that called for the return of the Palestinian refugees. Israel aborted the talks with Arab countries in Lausanne during 1949/1950 that were held to discuss the implementation of UN Resolution 194. With the failure of implementation of UN Resolution 194, Israel felt bold to dispose of the absentee Palestinian refugees' land.

Meanwhile, Israel issued the law of the Absentees' Property in 1950 that applied as well to the properties of the remaining Palestinians inside Israel who were given the oxymoron expression of Present Absentees. The law assigned the state as the bona fide Custodian in charge of all the absentee Palestinian land without the right of outright ownership.

In the same year, 1950, another law was enacted establishing the "Development Authority," with the mandate to take over from the Custodian. This authority has the power to use, rent and sell the land to Jewish entities only.

It took the Israelis the first ten years since the founding of the state to sort out the conflict with JNF which wanted the Palestinian land to be registered in the name of "the Jewish people" in perpetuity, while Israel wanted it in the name of the state.

In 1960, Israel put an end to all the legal quarrel over confiscated property of Absentee Palestinians when the law of Israel Land Administration- ILA (which should have properly read: Israel Administration of the Lands) was passed. This law combines all lands under the control of JNF and the state of Israel under one management, ILA, and under the rules of JNF which stipulate that these lands are not to be used, rented, lived in or sold except to Jewish entities. Accordingly, 19 million dunums fell under the authority of ILA to this day.

The new law that just recently been passed by the Knesset on August 3rd, 2009, gives the authority for ILA to sell the absentee Palestinian refugees' land to Jewish persons that are currently leasing them and other Jews anywhere in the world. (…)

Concurrent with the enactment of the new law in the Knesset, negotiations are under way between the Jewish National Fund and ILA to swap lands. ILA is in need of lands owned by JNF in the central area of the country for the purpose of constructing new residential complexes. In return, JNF would receive land in the Galilee in the Naqab for the settlement of future Jewish immigrants. Clearly, neither of the two organizations possesses the unquestioned legal ownership rights of these lands.

Once the Fund acquires the lands in the Galilee and Naqab areas, the laws of the Fund restrict the use of the land to Jews and to the exclusion of the Palestinian citizens of Israel; a clear discriminatory ruling against the lawful owners of the land. The first outcome of the successful consummation of the land swap between the two organizations after the sanction of the Knesset will be the transfer to complete rightful ownership of 90,000 housing units to the current Jewish tenants occupying them.

Naturally, the usurpation of the absentee Palestinian land and its sale is in flagrant violation of the international law. Furthermore, it is in strict violation of The Hague's Regulations of 1907 and the Fourth Geneva Convention (Article 147) that forbids the "extensive appropriation of property". In addition, these acts are in contravention with the rulings of the Nuremberg Tribunal after the Second World War with regard to Case number 10 that prohibited the confiscation of private property.

Besides, the United Nation issued a number of resolutions in 1996, 1997 and 1998, for example resolution 52/62 entitled "Palestine refugees property and their revenues" , which obliges Israel to protect the refugees' properties, properly document them and provide regular information about them. UN Resolution 52/62 further stipulates that all income accruing to these properties since 1948 is the sole right of these refugees.

Israel is persisting in its defiance of the international law and even its American and European allies who are not taking any measures to deter Israel from the continued violations of the international law and human rights. Israel's defiance is reaching unprecedented proportions as demonstrated three weeks ago in the eviction of Arabs residents of Jerusalem from their homes before the very eyes of the whole world. This world did nothing other than whisper words of protest.

What's really stupefying is for Israel to flagrantly declare the annexation of the occupied West Bank without the awareness or opposition by any party. The significance of this move by Israel shadows the continuous expropriation of lands here and there to construct Jewish settlements on the top of the hills of the West Bank.

Unannounced, a new ruling stated that the Absentees Property Law of 1950 applies to any one in the West Bank who is defined as "Absentee" according to this law. According to Haaretz of August 2nd, 2009, the Judge of the Ramlah Court has issued a ruling that stipulates the application of the Absentees' Property Law in the West Bank as well, i.e. the confiscation by Israel of the possessions of Palestinian absentees. This ruling is in complete violation of UN Security Resolutions and the legal opinion of the International Court of Justice of July, 2004 that unequivocally states that the West Bank is an Occupied Territory that should neither be annexed nor usurped.

How disturbing that despite all these dramatic developments, not a single Arab or foreign body condemned Israel's new flagrant violations. Israel even went further by publishing an announcement in a Palestinian Jerusalemite daily ("Al-Quds") on June 28, 2009 declaring its intention to register 139,000 donums north and west of the Dead Sea area to its name provided no one contests this registration by providing acceptable proof of ownership rights. With such an announcement, Israel would deprive the future New Palestinian State of its sovereign rights over the waters of the Dead Sea, its beaches, mineral wealth and borders with neighboring Jordan. In short, Israel's confiscation of these lands is tantamount to Israel's official acquisition of most of the area of the Jordan Valley.

All this with every one acting the deaf-mute, not knowing anything and if one knows, one keeps silent and if one speaks one does nothing. What this signifies is that the whole Palestinian question has been reduced to the Palestinian people living in exile, and their land is open for sale or transfer to any Jew around the world.

That said, however, the rightful claims on the land remain valid regardless of the occupiers' laws or the passage of time. But it is incumbent on those defending those rights to stand up and do what is needed.

First to ring the alarm of this ominous development was "Adalah," (Justice), the Nazareth-based Legal Center for The Arab Minority Rights in Israel. Adalah served the Israeli General Attorney with a letter dated June 22nd, 2009 challenging the legality of the sale of the Palestinian possessions under international law and Israeli law. In its turn, "Itijah," another Palestinian organization based in Haifa, issued a general declaration condemning Israel's initiative to distribute, what Itijah termed "spoils of war" of 1948 on the World Jewry. Itijah called for Arab and international support to stop this most flagrant theft.

However, a great deal yet has to be done that has not really started. Foremost, it is incumbent upon the Arab League to draft a resolution for the next meeting in September of the UN General Assembly that would call for the condemnation, the annulment and immediate halt and reversal of the sale of Palestinian absentees' possessions. The draft resolution should call on the Secretary General of the United Nations to appoint a fact finding mission to visit Israel to collect information on absentee Palestinian refugees' possessions, ensure their proper due registration of titles to the rightful Palestinian owners, and establish estimates of the accrued revenues for 62 years from these possessions that are due the rightful owners (the subject that was called for by Palestinian refugees' lands expert Jarvis, in 1964). The draft resolution must further call for the placing of the Palestinian refugees' possessions under international trusteeship.

It is the obligation of the Palestinian Authority, as it finishes from attending to the marginal issues of allocation of posts, to take the urgent diplomatic and the practical steps to addressing this problem, for, otherwise, it would find itself, in no time, without land on which it could one day found its new state.

As for the Palestinian people whose census has reached the 11 million count, scattered in all the Arab and foreign countries, they would never abandon their rights to their homes despite the fact that they have not been allowed to elect their own representatives to a truly new representative Palestinian National Council. Doubtless, the Palestinian people will ultimately create its true representative bodies that will defend its interests and put an end to the plundering of its legitimate property.

In the end, justice shall prevail with the eclipse of Zionism and the ultimate redemption of Arab Palestine.

- Dr. Salman Abu Sitta is the Founder and President of Palestine Land Society in London. He contributed this article to PalestineChronicle.com. This article was orgininally published in Arabic and was translated for PalestineChronicle.com by Rajai Masri. Full Report is available in English with maps and tables is available at the link : http://www.hic-mena.org/documents/SellingRefugeesLand2009.pdf.

From DIALOGUE REVIEW ( www.dialogue-review.com )